Most worker-safety charges expunged

Most worker-safety charges laid during the last fiscal year were expunged in the province’s justice system, says a recently released report.

The annual document from the Labour and Advanced Education Department’s occupational health and safety division said dozens of charges were laid during 2011-12. Sixteen proceeded.

Labour and Advanced Education Minister Marilyn More said Tuesday the division recommends job-safety charges to the Nova Scotia Public Prosecution Service. She said the service reviews each case and decides whether to proceed.

During 2011-12, the majority of 51 charges — an increase of about 19 per cent over the previous year — that were laid were withdrawn by prosecutors or stayed by the court.

The report said 25 “were withdrawn by the Crown in favour of plea arrangements with defence counsel.”

Ten others were stayed, the report said.

It also said of the 16 charges that went ahead, the conviction rate was 100 per cent.

“The variation (in the number of charges) year to year … is case-specific and is at the discretion of the Public Prosecution Service,” More said in an email message.

She said the service “has the authority to withdraw charges based on the likelihood of conviction.”

The report said it takes almost a week for a workplace-safety investigation to begin after the Labour and Advanced Education Department receives a complaint. That is an improvement over last year.

The annual report was posted Jan. 9 on the department’s website after months of delay. Department officials have said its release was postponed due to internal staffing issues and formatting changes to the document.

Personnel issues accounted, in part, for a decline in fieldwork compared with the previous year, the report said.

There was a corresponding decrease in worker-safety orders issued during 2011-12 under provincial occupational health and safety legislation, it said.

“Although new staff members were hired, recruiting, hiring and training new (workplace safety) officers/investigators can take a position out of the field for up to one year.”

Regarding staff response to service requests, the report said the average number of days between the receipt of a complaint, or an incident, and the start of a job-safety probe was six. Last year, 7.9 days elapsed, on average, before an investigation began.

In 2012, the Labour and Advanced Education Department’s occupational health and safety division lost its top two officials, as well as lower-level staff. The senior managers vacated their positions in moves the Dexter government never explained.

The report said there were 27 workplace deaths in Nova Scotia in 2011, four more than the previous year.

With respect to administrative penalties, regulations introduced three years ago that allow the province to fine employers, supervisors and employees for safety violations, 996 penalties were issued in 2011-12.